Federal Law of December 19, 1986, on Unfair Competition

Year of Version:1988
Date of Entry into Force:March 1, 1988
Date of Text (Enacted):December 19, 1986
Type of Text:IP-related Laws: enacted by the Legislature
Subject Matter:Competition, Copyright and Related Rights (Neighboring Rights), Enforcement of IP and Related Laws, Geographical Indications, Industrial Designs, Layout Designs of Integrated Circuits, Patents (Inventions), Plant Variety Protection, Trade Names, Trademarks, Undisclosed Information (Trade Secrets), Utility Models
The notification by Switzerland to the WTO under Article 63.2 of TRIPS states:
'The law contains provisions on unfair practices, proceedings and penalties under civil and criminal law and provisional measures.

For provisions relating to intellectual property, see:
-Art. 3: Definition of unfair practices.
-Art. 3(d): Measures designed to give rise to confusion with merchandise, works services or activities of others are unfair.
-Art. 4: Incitement to infringe or terminate a contract.
-Art. 5: The illicit exploitation of the work of others is unfair.
-Art. 5(b): Exploitation of the results of the work of others, knowing that the results in question were obtained or made accessible by improper means.
-Art. 5(c):Appropriating the result of the work of others via the use of reproduction techniques and exploiting it as it stands, without any corresponding input, constitutes an unfair practice (exploitation of the work of others).
-Art. 6: Betrayal of industrial or business secrets.
-Art. 10(2c): Action by the Confederation to protect Switzerland's reputation when persons having the right to institute proceedings reside in foreign countries.
-Art. 15: Safeguarding of industrial or business secrets (in civil law proceedings).

N.B. The definition of industrial and business secrets has been developed by case law; it corresponds to that set out in Art. 39(1) of the TRIPS Agreement.'
Available Texts: 

Federal Law of December 19, 1986, on Unfair Competition Federal Law of December 19, 1986, on Unfair Competition, Complete document (pdf) [36 KB]

Related Legislation:
WIPO Lex No.:CH016